[Cites 3, Cited by 0]
Karnataka High Court
Sri Shiban Krishan vs Central Silk Board on 6 April, 2026
-1-
NC: 2026:KHC:18376
WP No. 9020 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 9020 OF 2026 (L-RES)
BETWEEN:
1. SRI SHIBAN KRISHAN
S/O PRITHVI NATH SHARMA,
AGED ABOUT 58 YEARS,
WORKING AS SFW(TS),
CENTRAL SILK BOARD, ]
STSC CENTRAL SILK TECHNOLOGICAL RESEARCH
INSTITUTE, JAMMU, R/AT C/O MUDALAIAH,
NO.121-A, 10TH 'B' CROSS,
SHANTHI GARDEN, MUDULAPALYA,
BENGALURU- 560 072.
...PETITIONER
(BY SRI. NAIK V S., ADVOCATE)
Digitally signed
by KIRAN AND:
KUMAR R
Location:
HIGH COURT 1. CENTRAL SILK BOARD
OF BTM LAYOUT, MADIWALA,
KARNATAKA BANGALORE - 560 068.
REP. BY ITS MEMBER SECRETARY,
2. THE DIRECTOR,
CENTRAL SILK TECHNOLOGICAL RESEARCH
INSTITUTE,
CENTRAL SILK BOARD,
BTM LAYOUT,
MADIVALA,
BENGALAURU-560 068.
-2-
NC: 2026:KHC:18376
WP No. 9020 of 2026
HC-KAR
3. THE SCIENTIST-C,
CENTRAL SILK TECHNOLOGICAL RESEARCH
INSTITUTE,
CENTRAL SILK BOARD,
CSB COMPLEX,
MIRANSAHIB,
JAMMU-181 101
...RESPONDENTS
(BY SRI. NARASIMHA SWAMY N.S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATION OF THE PETITIONER DATED 05.03.2026
PRODUCED AT ANNEXURE-C AND CONTINUE THE SERVICES OF
THE PETITIONER AS SKILLED FARM WORKER (TS) TILL HE
ATTAINS THE AGE OF 60 YEARS TO MEET THE ENDS OF
JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
1. This petition is filed seeking a writ of mandamus to
direct the respondents to consider the petitioner's
representation dated 05.03.2026 to continue in
service under the respondents till the petitioner
completes the age of 60 years, which according to
the petitioner is the age of superannuation.
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HC-KAR
2. The petitioner had filed the petition in the light of the
judgment rendered by the Division Bench of this
Court in Central Silk Board v. Employees Union
of Central Silk Board & Another1 wherein, in
terms of the order dated 04.09.2024, this Court has
dismissed the petition filed by first respondent
Central Silk Board and confirmed the award passed
by the Central Government Industrial Tribunal-cum-
Labour Court.
3. In terms of the award dated 01.04.2013, the
Tribunal has held that age of superannuation of the
Timescale Farm Workers of the respondent
establishment would be 60 years and not 55 years as
contended by the respondent.
4. Learned counsel for the petitioner would submit that
the order passed by the Division Bench of this Court
confirming the award passed by the Tribunal is not
W.P. No.18693 of 2014.
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questioned by the respondents and it has attained
finality.
5. Thus, the learned counsel would submit that the
petitioner cannot be superannuated at the age of 58,
and the petitioner is entitled to continue as the
employee of respondent No.1 till the petitioner
completes 60 years.
6. Learned counsel for respondents would submit that
though the Board of first respondent has passed a
Resolution to implement the order, with effect from
the date of the order passed in the case of Central
Silk Board supra, the Board is yet to receive the
approval from the Union of India for the decision
taken by the Board. It is further submitted that
since the respondents are awaiting the decision of
the Union of India, from the perspective of the
respondents the award passed by the Central
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Government Industrial Tribunal has not yet attained
finality.
7. This Court has considered the contentions raised at
the Bar and perused the records.
8. It is not in dispute that the award passed by the
Tribunal enhancing the age of retirement to 60 years
from 55 years is confirmed by the Division Bench of
this Court in the case of Central Silk Board supra.
It is further not in dispute that the petitioner is
working as a Timescale Farm Worker with
respondent No.1. The petitioner has completed 58
years after the order passed by the Division Bench of
this Court confirming the award passed by the
Tribunal.
9. This being the position, the award passed by the
Tribunal, which is confirmed by the Division Bench of
this Court, comes to the aid of the petitioner and the
petitioner is entitled to the following reliefs:-
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(i) It is declared that the petitioner's
age of superannuation is 60 years.
(ii) The respondents shall not
superannuate the petitioner treating
the age of superannuation as 58
years.
(iii) Thus, the petitioner is entitled to
continue in employment as Timescale
Farm Worker under first respondent
till the age of superannuation at 60
years, subject to all the Rules and
Regulations applicable to the
employment of the petitioner.
10. The Writ Petition is accordingly disposed of with the
above observations and findings.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RK
List No.: 1 Sl No.: 85
